This will change with the new inheritance law 2023

In a will or inheritance agreement, deceased persons can record which family members will inherit what. Regardless of what’s written, some family members will always inherit something. You have the right to the so-called compulsory part of the inheritance, which is determined by law.

These mandatory parts will be tightened next year. The revised inheritance law will enter into force on January 1, 2023. The main point of the revision is the reduction of the compulsory share receivables of the descendants and the removal of the compulsory shares for the parents.

Concretely, this means that so far the compulsory share of children has been at least three-quarters of the legal right to inheritance. In 2023, this will be cut in half. The mandatory part for parents has been completely removed.

More room for movement when inheriting

“These measures increase flexibility for future testators in their own estate planning,” says UBS estate expert Mattia Hotz, 38.

From 2023, one more detail will change: If one of the spouses dies during the divorce proceedings, the surviving spouse is no longer eligible for the mandatory portion – even if the case continues. Previously, this was only the case after the decision.

Review the will

Important to know: Innovations in inheritance law also apply to existing successor documents such as wills. According to the probateist, this can lead to problems in interpretation, depending on the wording of the will.

“This harbors the potential for conflict,” says Hotz. For this reason, he advises his clients to have the current will checked regarding the changes to be made in the law. It should be adjusted or renewed if necessary.